HB 440: "An Act relating to business licenses; and providing for an effective date."

00HOUSE BILL NO. 440 01 "An Act relating to business licenses; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 43.70.020 is repealed and reenacted to read: 04  Sec. 43.70.020. BUSINESS LICENSE REQUIRED. (a) A person may not 05 conduct business in the state unless the person has a business license issued under this 06 section for the business activity to be conducted, the name under which the business 07 activity is conducted, and the location where the business activity is conducted. 08  (b) A license issued under this section covers one business activity, one name 09 under which the business activity is conducted, and one location where the business 10 activity is conducted. A separate business license is required for each additional 11  (1) business activity conducted by the person at the same location or 12 under the same name; 13  (2) name under which the person conducts the business activity; and 14  (3) location where the business activity is conducted.

01  (c) The department shall issue a business license to a person who applies on 02 the forms prescribed by the department, pays the fee established under this section, and 03 provides the information required by the department. A business license is issued for 04 two calendar years and expires on the first day of the calendar year following the 05 second calendar year for which it is issued. A business license may be renewed by 06 applying on the forms prescribed by the department, paying the fee established under 07 this section, and providing the information required by the department. The fee for 08 a business license that is issued or renewed under this section is $50. 09  (d) A person is not required to obtain a business license under this section if 10 the person does not represent to be regularly conducting the business the person is 11 conducting, the person does not conduct the business for more than 15 consecutive 12 days, and the total anticipated gross income from the business the person is conducting 13 in one calendar year is less than $1,500. 14  (e) The department may classify by regulation under AS 44.62 (Administrative 15 Procedure Act) the business activities for which a business license may be issued. The 16 regulations may identify the activities that are included within a business activity 17 classification. The department may use the standard industrial classification manual 18 for the classification and identification. 19  (f) A person who violates (a) of this section is guilty of a class B 20 misdemeanor. 21  (g) In this section, "conduct business" includes having a sales representative 22 in the state, but does not include 23  (1) sending a catalog or similar item from another state to a potential 24 customer in this state, unless the business that is sending the catalog or similar item 25 has a sales representative or a business location in this state; in this subparagraph, 26 "business location" includes a hotel or motel or other room used temporarily for the 27 business; or 28  (2) responding to a contact initiated by a person in this state if the 29 products are delivered to the person from outside the state or the services are 30 performed outside the state. 31 * Sec. 2. AS 43.70.090 is amended to read:

01  Sec. 43.70.090. REGULATIONS. The department may adopt regulations 02 necessary to implement [DETERMINE AND COLLECT THE FEES IMPOSED BY] 03 this chapter. 04 * Sec. 3. AS 08.01.065(d) and AS 43.70.030 are repealed. 05 * Sec. 4. TRANSITIONAL PROVISION. Notwithstanding AS 43.70.020, as repealed and 06 reenacted by sec. 1 of this Act, if a person has been issued a business license under 07 AS 43.70.020, as that section exists before the effective date of this Act, and the expiration 08 date of the license under former AS 43.70.020 is January 1, 1996, the person is not required 09 until January 1, 1996, to obtain a new license or additional licenses under AS 43.70.020(a) -(b), as repealed and 10 reenacted by this Act, for the business covered by the license. 11 * Sec. 5. This Act takes effect January 1, 1995.